South Dakota Guardianship Training Requirement: What You Must Complete Before Appointment

Mandatory Training Before the Judge Signs

South Dakota won't appoint you as a guardian or conservator until you complete an approved educational course. Under SDCL 29A-5-119, this training is a non-negotiable prerequisite — the judge cannot sign the final appointment order until you have a certificate of completion on file.

This requirement applies to all individual nominees. Corporate trustees, banks, and professional fiduciary entities operating under separate regulatory frameworks are generally exempt, but every family member or friend petitioning to serve as guardian or conservator must complete the course.

How the Training Works

The State Bar of South Dakota hosts the mandatory training program online. The course is free of charge and can be completed at your own pace from any internet-connected device.

The curriculum covers:

• Fiduciary responsibilities — what it legally means to manage another person's affairs, the duty of loyalty, and the obligation to act in the protected person's best interest
• Reporting requirements — how and when to file the guardian's annual report (Form UJS-142), the conservator's annual accounting (Form UJS-141), and the initial estate inventory (Form UJS-140)
• Financial management standards — proper handling of the protected person's assets, prohibitions on commingling funds, and requirements for court approval before major transactions
• Ethical boundaries — conflicts of interest, self-dealing prohibitions, and the guardian's obligation to support the protected person's autonomy to the greatest extent possible
• Rights of the protected person — understanding that the ward retains all rights not specifically removed by the court order, and the procedures for restoring rights when circumstances change

Upon completion, you receive a certificate that must be filed with the Clerk of Courts in the county handling your guardianship case.

When to Complete the Training

The statute doesn't specify exactly when you must take the course, but the practical timeline is clear: you need the certificate before the appointment hearing, because the judge requires it before issuing letters of guardianship or conservatorship.

The recommended approach is to complete the training during the four-to-six-month window between filing the petition and the court hearing. This gives you time to:

1. File the petition with the circuit court ($72 filing cost)
2. Submit fingerprints for the DCI and FBI background checks ($50 combined)
3. Complete the State Bar training (free, online)
4. Participate in the court visitor interview
5. Attend the appointment hearing with all prerequisites satisfied

Completing the training early also helps you understand your responsibilities before the hearing, which makes you a more credible nominee when the judge evaluates your petition.

What Happens If You Skip It

If you arrive at the hearing without a training certificate, the judge will not issue letters of appointment. The hearing may proceed — the court can evaluate the evidence and determine that guardianship is warranted — but the actual appointment will be deferred until you complete the training. This creates a gap period where no one has legal authority, which can be dangerous for a young adult who needs immediate medical or financial decision-making support.

The Training Doesn't Replace Legal Advice

The State Bar course provides a solid foundation in fiduciary responsibilities and reporting mechanics, but it's designed as a general education program, not legal counsel for your specific situation. Complex scenarios — managing a special needs trust alongside a conservatorship, coordinating guardianship with Medicaid waiver eligibility, or navigating a contested petition — require a qualified special needs attorney.

The South Dakota Adult Guardianship & Alternatives Guide complements the State Bar training with South Dakota-specific timelines, cost breakdowns, and step-by-step filing instructions that the general training curriculum doesn't cover in detail.

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